198377-1933-Rules-made-by-the-Chief-Justice-under-section-48-of-the-Divorce-Ordinance-1932-and-by-section-9-of-the-Interpretation-Ordinance-1911 — Page 3

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 13, 1933.

14. An Affidavit of service of a Petition shall be sub- stantially in Form No 3 in the First Schedule and in addition shall show the means of knowledge of the Deponent as to the identity of the person served. A copy of the Petition referred to in the affidavit must be annexed thereto and marked by the person before whom the same is sworn.

Appearance.

15. All appearances are to be entered in the Registry in a book provided for that purpose, and shall be accompanied by an address for service within three miles of the Registry of the Supreme Court at the Courts of Justice, Victoria. Notice of such appearance must be given to the opposite party

16.--(1) An Appearance may be entered at any time before a proceeding has been taken in default, or afterwards by leave of a Judge obtained on summons.

(2) The Appearance may be under protest or limited to any proceeding in the cause in respect of which the party shall have received Notice to Appear. Provided that any Appear- ance under protest shall state concisely the grounds of protest, and provided further that the party entering an appearance under protest shall within fourteen days proceed by summons to obtain directions as to the determination of any question arising by reason of such appearance and in default of so proceeding shall be deemed to have entered an unconditional appearance. Directions to be given upon such summons as aforesaid may provide for the trial of a preliminary issue with or without stay of proceedings in the cause or for determina- tion of the matters in question at the hearing of the cause.

Interveners.

17. Where a husband is charged with adultery with a named person, a sealed copy of the pleading containing such charge shall be delivered to the person with whom adultery is alleged to have been committed, indorsed, in lieu of Notice to Appear, with notice that such person is entitled within eight days after delivery thereof to apply for leave to intervene in the cause. Such delivery and notice may only be dispensed with by order upon summons for cause shown. Such notice shall be in Form No. 4 in the First Schedule.

18. Application for leave to intervene in any cause shall be made by summons supported by affidavit, and leave may be given with such directions as to appearance and procedure as a Judge shall think fit.

19. Parties intervening must join in the proceedings at the stage at which they find them unless otherwise ordered by a Judge

Staying Proceedings for Restitution.

ole 20. At any time after the commencement of proceedings, for Restitution of Conjugal Rights the Respondent may apply to the Court by summons for an order to stay the proceedings by reason that he or she is willing to resume or to return to cohabitation with the Petitioner.

not half

695